(a) For the purposes of this section: (1) “Facility” means the entity certified as a nursing facility under the Medicaid program or the entity certified as a skilled nursing facility under the Medicare program or with respect to facilities that do not participate in the Medicaid or Medicare programs, a chronic and convalescent nursing home or a rest home with nursing supervision as defined in section 19a-521; (2) “Medicare distinct part” means an entity certified as a skilled nursing facility under the Medicare program within a facility; (3) “transfer” means the transfer of a resident from a facility to a separate facility, including a transfer into or out of a Medicare distinct part, but does not include the transfer of a resident from one bed to another bed within the same facility; (4) “discharge” means the discharge of a resident from a facility to another institution or a noninstitutional setting.

      (b) A facility shall not transfer or discharge a patient from the facility except to meet the welfare of the patient which cannot be met in the facility, or unless the patient no longer needs the services of the facility due to improved health, or the health or safety of individuals in the facility is endangered, or in the case of a self-pay patient, for his nonpayment or arrearage of more than fifteen days of the per diem facility room rate, or the facility ceases to operate. In each case the basis for transfer or discharge shall be documented in the patient’s medical record by a physician. In each case where the welfare, health or safety of the patient is concerned the documentation shall be by the patient’s physician. A facility which is part of a continuing care facility which guarantees life care for its residents, as defined in subsection (b) of section 17b-354, may transfer or discharge (1) a resident self-pay patient who has intentionally transferred assets in a sum which will render the patient unable to pay the costs of facility care in accordance with the contract between the resident and the facility or (2) a nonresident self-pay patient who has intentionally transferred assets in a sum which will render the patient unable to pay the costs of a total of forty-two months of facility care from the date of initial admission to the facility.

      (c) Before effecting a transfer or discharge of a patient from the facility, the facility shall notify, in writing, the patient and the patient’s guardian or conservator, if any, or legally liable relative or other responsible party if known, of the proposed transfer or discharge, the reasons therefor, the effective date of the proposed transfer or discharge, the location to which the patient is to be transferred or discharged, the right to appeal the proposed transfer or discharge and the procedures for initiating such an appeal as determined by the Department of Social Services, the date by which an appeal must be initiated in order to stay the proposed transfer or discharge, which date shall be ten days from the receipt of the notice from the facility, that the patient may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesman, and information as to bed hold and hospital readmission policy when appropriate. The notice shall also include the name, mailing address and telephone number of the State Long-Term Care Ombudsman. If the patient is, or the facility alleges a patient is, mentally ill or developmentally disabled, the notice shall include the name, mailing address and telephone number of the Office of Protection and Advocacy for Persons with Disabilities. The notice shall be given at least thirty days and no more than sixty days prior to the patient’s transfer or discharge, except where the health or safety of individuals in the facility are endangered, or where the patient’s health improves sufficiently to allow a more immediate transfer or discharge, or where immediate transfer or discharge is necessitated by urgent medical needs or where a patient has not resided in the facility for thirty days, in which cases notice shall be given as many days before the transfer or discharge as practicable.

      (d) No patient shall be transferred or discharged from any facility as a result of a change in his status from self-pay or Medicare to Medicaid provided the facility offers services to both categories of patients. Any such patient who wishes to be transferred to another facility which has agreed to accept him may do so upon giving at least fifteen days written notice to the administrator of the facility from which he is to be transferred and a copy thereof to the appropriate advocate of such patient. The patients’ advocate may help the patient complete all administrative procedures relating to a transfer. As used in this section “self-pay” patient means a patient who is not receiving state or municipal assistance to pay for the cost of care.

      (e) Except (1) in an emergency, (2) in the case of transfer to a hospital, or (3) in the case of transfer into or out of a Medicare distinct part within the same institution, no patient shall be transferred or discharged from a facility unless a discharge plan has been developed by the personal physician of the patient or the medical director in conjunction with the nursing director, social worker or other health care provider. To minimize the disruptive effects of the transfer or discharge on the patient the person responsible for developing the plan shall consider the feasibility of placement near the patient’s relatives, the acceptability of the placement to the patient and his guardian or conservator, if any, or his legally liable relative or other responsible party, if known, and any other relevant factors which affect the patient’s adjustment to the move. The plan shall contain a written evaluation of the effects of the transfer or discharge on the patient and a statement of the action taken to minimize such effects. In addition the plan shall outline the care and kinds of services which the patient shall receive upon transfer or discharge. Not less than thirty days prior to an involuntary transfer or discharge a copy of the discharge plan shall be provided to the patient’s personal physician if the discharge plan was prepared by the medical director, to the patient and his guardian or conservator, if any, or his legally liable relative or other responsible party, if known.

      (f) No patient shall be involuntarily transferred or discharged from a facility if such transfer or discharge is medically contraindicated.

      (g) The facility shall be responsible for assisting the patient in finding appropriate placement.

      (h) (1) Except as provided in subdivision (4) of this subsection, upon receipt of a request for a hearing to appeal any proposed transfer or discharge, the Commissioner of Social Services or his designee shall hold a hearing to determine whether the transfer or discharge is being effected in accordance with this section. A hearing shall be convened not less than ten, but not more than thirty days from the receipt of such request and a written decision made by the commissioner or his designee within sixty days of the termination of the hearing or within ninety days of the date of the hearing request, whichever occurs sooner. The hearing shall be conducted in accordance with chapter 54. In each case the facility shall prove by a preponderance of the evidence that it has complied with the provisions of this section.

      (2) The patient, his guardian, conservator, legally liable relative or other responsible party shall have an opportunity to examine, during regular business hours at least three business days prior to a hearing conducted pursuant to this section, the contents of the patient’s file maintained by the facility and all documents and records to be use